Architecture and Public Policy

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CIS explores how changes in the architecture of computer networks affect the economic environment for innovation and competition on the Internet, and how the law should react to those changes. This work has lead us to analyze the issue of network neutrality, perhaps the Internet's most debated policy issue, which concerns Internet user's ability to access the content and software of their choice without interference from network providers.

Ademir splits his time between two worlds. He is part-time is in academia, currently taking a PhD at University of Sao Paulo. His research focuses on efforts by Latin American regulators to promote increased access to broadband Internet and implement a network neutrality regime. He has been particularly interested in the debate involving the regulation of network neutrality in Brazil and the US, and has submitted contributions to the Brazilian Ministry of Justice and to the US Federal Communications Commission.

Richard Salgado serves as Google's Director for information security and law enforcement matters. Prior to joining Google, Richard was with Yahoo!, focusing on international security and compliance work. He also served as senior counsel in the Computer Crime and Intellectual Property Section of the United States Department of Justice. As a federal prosecutor, Richard specialized in investigating and prosecuting computer network cases, such as computer hacking, illegal computer wiretaps, denial of service attacks, malicious code, and other technology-driven privacy crimes.

Brendan Sasso is the Open Internet Fellow at Stanford Law School’s Center for Internet and Society. In his previous career as a journalist, he covered the Federal Communications Commission as it wrote landmark net neutrality regulations in 2015. He also wrote about issues including consumer privacy, government surveillance, cybersecurity, and intellectual property. He worked for The Hill and National Journal, and his work has also appeared in The Atlantic, Quartz, and DefenseOne. He has appeared on C-SPAN, MSNBC, Fox News, and NPR to discuss current technology policy issues.

Ben Scott is a Visiting Fellow at the Stiftung Neue Verantwortung in Berlin and Senior Adviser to the Open Technology Institute at the New America Foundation in Washington DC. Previously, he was Policy Advisor for Innovation at the US Department of State, where he worked at the intersection of technology and foreign policy. In a small team of advisors to Secretary of State Hillary Clinton, he helped to steward the 21st Century Statecraft agenda with a focus on technology policy, social media and development.

On June 20, SB 822 had its first committee hearing in the California Assembly. The bill, authored by Senator Scott Wiener, sought to bring back net neutrality to California and restore all of the important protections that the FCC voted to eliminate in December. It was widely viewed as a net neutrality model bill that would set the standard for other states. But instead of passing the bill, the committee adopted amendments that effectively gutted it, removing critical protections at a time when they are more important than ever.

The California Senate's Energy and Utilities Committee published its analysis of Senator Scott Wiener's California net neutrality bill on Monday morning. It’s bad. Here’s a short overview of the suggested amendments and a rebuttal of the key arguments related to interconnection and access charges.

Abstract

The FCC is poised to rescind the Open Internet Order—the set of strong, enforceable net neutrality rules that prohibit internet service providers (ISPs) from interfering with web traffic that travels across their networks. One unintentional victim of that action is likely to be small television stations, newspaper publishers, and websites devoted to local news. Local news outlets play a vital civic role, but they face a crisis of declining revenue and audience, largely driven by internet competition.

On Wednesday November 22, FCC Chairman Ajit Pai published his draft order outlining his plan to undo the net neutrality protections that have been in place in the U.S. since the beginning of the Internet. His proposal would leave both the FCC and the states powerless to protect consumers and businesses against net neutrality violations by Internet Service Providers (ISPs) like Comcast, AT&T, and Verizon that connect us to the Internet.

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Comcast Corp. v. FCC is a 2010 United States Court of Appeals for the District of Columbia case holding that the Federal Communications Commission (FCC) does not have ancillary jurisdiction over Comcast’s Internet service under the language of the Communications Act of 1934. In so holding, the Court vacated a 2008 order issued by the FCC that asserted jurisdiction over Comcast’s network management polices and censured Comcast from interfering with its subscribers' use of peer-to-peer software.

In 2005, on the same day the FCC re-classified DSL service and effectively reduced the regulatory obligations of DSL providers, the FCC announced its unanimous view that consumers are entitled to certain rights and expectations with respect to their broadband service, including the right to:

"Stanford Law School’s (SLS) Center for Internet and Society Junior Affiliate Scholar and outgoing Lecturer in Law Morgan Weiland has been awarded the 2018 Harry W. Stonecipher Award for Distinguished Research in Media Law and Policy for her 2017 article, “Expanding the Periphery and Threatening the Core: The Ascendant Libertarian Speech Tradition.” The article, published in the Stanford Law Review in May 2017, uncovers a new theory undergirding the First Amendment’s expansion to include commercial and corporate speech.

"“Generally speaking, the bill is great. They are right that it’s the strongest protection in the country … with the three provisions back,” said Ryan Singel, media and strategy fellow at Stanford University’s Center for Internet and Society."

"“There was no discussion of the amendments,” notes net neutrality activist and journalist Ryan Singel, fellow at Stanford Law School's Center for Internet and Society. “Holding a vote before testimony is incredibly aggressive. That guts the bill and the way it was done was a slap in the face of the democratic process. It's exactly how Pai handled the 2017 net neutrality repeal.”"

The Baker Forum was established by the Cal Poly President’s Council of Advisors on the occasion of two decades of service to Cal Poly by President Warren J. Baker and his wife, Carly, to further the dialogue on critical public policy issues facing the nation and higher education. The forum gives particular attention to the special social and economic roles and responsibilities of polytechnic and science and technology universities.

With recent news reports discussing changes with net neutrality, many are wondering, "What does it mean for my startup?!" It’s an important issue that affects anyone whose work and livelihood involves the web. For the sake of your business, you should be aware of the changes and how they affect your business.

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The days are numbered for federal net neutrality regulations. In response, some states are working on their own versions to prevent internet service providers (ISP) from blocking, slowing or charging more for some web traffic. Oregon, Washington and several other states have made new rules, but a bill working its way through the California legislature would go the furthest. Marketplace Tech host Molly Wood spoke with Ryan Singel, a media and strategy fellow at Stanford Law School, about how a state can regulate a business that crosses state lines.

"Veronica B.: Look at it this way. Imagine Amazon started a larva farm too, and they could pay for faster internet speeds, get on an internet fast lane, and advertise to their customers in a way that Patrick or any startup bug business couldn’t. See the problem? Okay, the edible bug-growing business might not be a priority for Amazon at the moment, but did you think Amazon would ever buy a grocery chain until they bought wholefoods? 10 years ago, did you think Google would get into self-driving cars?

This week on CounterSpin: FCC chair Ajit Pai has announced his plans to gut net neutrality; the former Verizon lawyer and Jeff Sessions staffer declared his intentions at a private event in DC. So the victory activists fought for—having broadband recognized as a public utility like the telephone, and not some sort of corporate gift—is in jeopardy. What does this mean for all of us who rely on an open internet, and in particular for communities of color, for whom the web’s relatively even playing field is crucial for communication and organizing?